In a stunning legal victory for civil liberties, the Court of Appeal has delivered a landmark judgement that firmly sides with the right to peaceful protest. The court ruled that the government's guidance on policing protests was unlawful, dealing a significant blow to ministers' attempts to curb environmental demonstrations.
The case was brought by climate activist Carmen Epping, who was arrested in 2022 during a protest. She successfully argued that the official guidance, issued by the Home Office to police forces, misstated the law by setting an excessively high bar for what constitutes a 'reasonable excuse' to cause disruption.
A Flawed Definition of 'Reasonable Excuse'
The court found that the government's guidance was illegitimate. It incorrectly suggested that causing 'more than minor' disruption automatically stripped protesters of their human right to assembly under Article 11 of the European Convention on Human Rights. The judges clarified that causing significant disruption does not, in itself, negate the right to protest.
This ruling effectively nullifies the controversial guidance, forcing the government back to the drawing board. The Home Office must now rewrite its instructions to police to ensure they are in line with the actual law and human rights principles.
Wider Implications for Protest Rights
This decision has far-reaching consequences beyond a single case. It serves as a powerful check on the government's recent legislative push, including the Public Order Act 2023, which has been widely criticised for its harsh measures against protesters.
The judgement reinforces that the right to protest is a cornerstone of democracy, even when it causes inconvenience. It empowers individuals to challenge the state and demand action on critical issues like the climate crisis, without fear of their fundamental rights being unlawfully curtailed.
For activists and civil liberty groups, this ruling is a monumental win. It affirms that the government cannot unilaterally shrink the boundaries of legitimate protest through misleading guidance. The right to assemble and express dissent, even disruptively, remains protected under UK law.
